It's Not Humbug: Recognizing The Principle Of Mutual Trust And Confidence In The Workplace

Today the master and servant relationship between Ebenezer Scrooge and his clerk Bob Cratchit appears to our eyes an anachronism. For starters, Scrooge's penny-pinching ways would likely have him offside of employment standards provisions guaranteeing workers a minimum wage and paid statutory holidays.

In the modern world of employment, employers realize that legislation and the common law have provided a number of legal means to protect employees. Cases such as Bardal v. Globe & Mail Ltd. (1960 CanLII 294) stand for the principle that employees are owed "reasonable notice" or pay in lieu if they are dismissed without cause. Honda Canada Inc. v. Keays (2008 SCC 39) lays out the rules for how and when an employee may be awarded aggravated and punitive damages for the manner of dismissal.

Employers should not conclude from...